1 MEMORANDUM
DATE: November 25, 2024
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director BY: Katie Picha, Administrative Officer
SUBJECT: Amendment to the November 26, 2024 City Council Meeting Public Hearing Agenda Item No. 9 – Adoption of a Resolution to Confirm the Community Development Director’s Determination and Approval of the Streamlined Ministerial Design Review for a 40- Unit Multifamily Residential Project at 910 South Mariposa Street, Pursuant to Burbank Municipal Code Title 10, Chapter 1 (Zoning), Article 19, Division 12 (Streamlined Ministerial Approval Process) and Senate Bill 35 (CA Government Code Section 65913.4)
This memo is to update the Staff Report and Attachment 1 ( Resolution) regarding the November 26, 2024 City Council Regular Meeting Public Hearing Agenda Item No. 9 - Adoption of a Resolution to Confirm the Community Development Director’s Determination and Approval of the Streamlined Ministerial Design Review for a 40- Unit Multifamily Residential Project at 910 South Mariposa Street, Pursuant to Burbank Municipal Code Title 10, Chapter 1 (Zoning), Article 19, Division 12 (Streamlined Ministerial Approval Process) and Senate Bill 35 (CA Government Code § 65913.4)
incentives and waivers under State Density Bonus Law ( Cal. Gov. Code § 65915) . The staff report indicates that the Project Applicant requested two incentives and two waivers related to deferral of impact fees, height requirements, encroachments into the setbacks, and plane breaks . However, the Project Applicant requested three incentives and one waiver. The corrected request is for an incentive for relief from the City’s plane break and modulation requirements, rather than a waiver of such requirements. The requested waivers and incentives are listed below:
COMMUNITY
DEVELOPMENT
2 • Incentive for deferral of payment of Development Impact Fees • Incentive for relief from Maximum Encroachments
• Incentive for relief from Plane Break and Modulation Requirements • Waiver of Height Requirements
The staff report analysis relating to relief from the City’s Plane Break and Modulation Requirements appearing on p age 13 of the staff report is replaced with the following discussion:
Incentive Request for Relief from Plane Break and Modulation Requirements: Burbank Municipal Code (BMC) § 10-1-624(G)(1)(a) requires a 20-foot plane break on the street- facing façade of this Project . The Applicant’s request for an incentive for relief from this requirement would allow the Project to have a plane break at the main entry that measures 14 feet, 11.5 inches in width. Without the approval of this incentive, the Project will need to include a new, unique unit type that is not currently replicated throughout the rest of the building and would result in a loss of construction efficiency and increase construction costs by $300,000 to $500,000. Additionally, imposing the requirement would result in smaller unit sizes along the front of the building, which would increase construction costs on an overall dollar per square foot basis.
Staff Response: Approve the request. The incentive will allow the Applicant to maintain the existing proposed unit sizes along the front façade of the building, thereby reducing the overall cost per square foot of providing the affordable units.
Staff has also made the following changes to Attachment 1 – Resolution below.
Below are the changes to Attachment 1 – Resolution:
b. State Density Bonus Requests:
The Project conforms to the requirements outlined in BMC § 10-1-634 et. seq. and Cal. Govt. Code § 65915.
In accordance with BMC § 10-1-634 et. seq. and Cal. Govt. Code § 65915, the Project Applicant is requesting a density bonus, as well as two three incentives and two one waivers from the City’s development standards:
1. Additional Residential Units (Density Bonus Units): A density bonus must be granted in the amounts specified by State law if the Project provides a certain number of affordable housing units (Cal. Govt. Code §§ 65915(a)(1), 65915(b)(1), 65915(v)(1)). Pursuant to Cal. Govt. Code §§ 65915(f)(2) and 65915(v)(2), the Project Applicant is requesting a 100% density bonus by providing 15% of the total proposed housing units (without including density 3 bonus units) as very low-income affordable units, and an additional 15% of the total units as moderate- income affordable units. The Project proposes to build 40 total residential for -sale units with three units set aside as very low-income and three units set aside as moderate income. The Burbank2035 General Plan Land Use Designation of Rancho Commercial for the Project Site has a maximum density of 20 units per acre. With the density bonus applied, the Project is proposing a density of 40 units per acre. Because the Project proposes the required amount of very low income and moderate -income units, the Project is entitled to the 100% density bonus as required by Cal. Govt. Code § 65915.
2. Deferral of Development Impact Fees: Under Cal Govt. Code § 65915(d)(2)(C), the Project is entitled to up to three incentives or concessions because the Project proposes to set aside 15% of the total residential units for very low-income households. Incentives or concessions include, but are not limited to, reducti ons in site development standards, modifications to zoning code or design requirements, or other regulatory incentives or concessions that result in identifiable and actual cost reductions to prov ide the affordable housing units (Cal Govt. Code § 65915(k); BMC § 10- 1-640). Pursuant to BMC § 10-1-640(A)(3), the Applicant requests an incentive in the form of a deferral of payment of all development impact fees to 24 months after the issuance of the Project’s Certificate of Occupancy. Deferral of the fee payments will allow the Applicant to cons truct and sell units prior to the payment of the fees and allow the existing financing for the Project to be allocated toward permitting and construction costs for the six affordable units and lower the overall costs of financing the Project. Because the incentive will result in identifiable and actual cost reductions for the Project and is permitted under BMC § 10-1- 640(A)(3), the incentive is approved, subject to the Applicant furnishing a performance bond in the total amount of the development impact fees applicable to the Project, on a form approved by the City, to guarantee future payment of any fees deferred under this incentive request. Therefore, the incentive request is approved.
3. Miscellaneous Encroachments: The second incentive request is to provide relief from BMC § 10-1-624(E), which outlines maximum encroachments of various structures or objects, including balconies, into setback areas. The incentive request for relief from this standard is to permit certain balconies to be a minimum of 1 foot 6 inches from the property line after dedications.
The incentive will provide identifiable cost reductions that allow for the construction of the affordable units by allowing the building to be designed more efficiently given the irregular shape of the lot and the angle of the front 4 lot line relative to the proposed structure. Further, the incentive will allow an expansion of the Project’s building footprint so that additional permitted residential units under State Density Bonus Law can be provided, which would help offset the cost of providing affordable units. Because this incentive will result in actual and identifiable cost reductions for the Project, this incentive request is approved.
4. Height: Under Cal. Govt. Code Section 65915(e), the City must waive or reduce any development standard that will have the effect of physically precluding the construction of a project that includes permitted density bonus units and incentives or concessions. The Applicant is seeking a waiver of the development standards for height. Pursuant to BMC Section 10-1-624(D), the maximum height for the proposed building is 40 feet because the Project is within 149 feet distance from the closest residential lot located across Mariposa Street. The Applicant is proposing a maximum height of 63.7 feet, to include a 4 th and 5 th floor, which is necessary to accommodate a total of 40 units as permitted under State Density Bonus Law. The total unit count is needed to accommodate the six proposed affordable units. The waiver is necessary to physically accommodate the necessary building envelope to accommodate the total of 40 dwelling units including the designated affordable units for very low -income and moderate-income households as permitted under State Density Bonus Law.
As a result, this waiver is approved.
Plane Breaks and Modulation: The second waiver third incentive request is for relief from the development standards for plane breaks and modulation.
Pursuant to BMC § 10-1-624(G)(1)(a), a plane break shall be provided along each street-facing façade exceeding 50 feet in width. The plane break shall be of at least 10 percent of the façade width or 20 feet, whichever is greater. The Applicant proposes multiple plane break s along the building’s front façade that do not meet the minimum width or depth. Relief f rom the requirement as an incentive will allow the Applicant to maintain the existing proposed unit sizes along the front façade of the building, thereby reducing the overall cost per square foot of providing the affordable units. As a result, this waiver incentive is approved.
5. Plane Breaks and Modulation: The second waiver third incentive request is for relief from the development standards for plane breaks and modulation.
Pursuant to BMC Section 10- 1-624(G)(1)(a), a plane break shall be provided along each street -facing façade exceeding 50 feet in width. The plane break shall be of at least 10 percent of the façade width or 20 feet, whichever is greater. The Applicant proposes multiple plane breaks along 5 the building’s front façade that do not meet the minimum width or depth.
The waiver is necessary to physically accommodate the necessary building envelope to accommodate the total of 40 dwelling units including the designated affordable units for very low -income and moderate- income households as permitted under State Density Bonus Law. As a result, this waiver incentive is approved.
Height: Under Cal. Govt. Code § 65915(e), the City must waive or reduce any development standard that will have the effect of physically precluding the construction of a project that includes permitted density bonus units and incentives or concessions. The Applicant is seeking a waiver of the development standards for height. Pursuant to BMC § 10-1-624(D), the maximum height for the proposed building is 40 feet because the Project is within 149 feet distance from the closest residential lot located across Mariposa Street. The Applicant is proposing a maximum height of 63.7 feet, to include a 4
th and 5th floor, which is necessary to accommodate a total of 40 units as permitted under State Density Bonus Law. The total unit count is needed to accommodate the six proposed affordable units. The waiver is necessary to physically accommodate the necessary building envelope to accommodate the total of 40 dwelling units including the designated affordable units for very low -income and moderate-income households as permitted under State Density Bonus Law. As a result, this waiver is approved.
ATTACHMENTS
Attachment 1 – “Staff Report (Amended)”
Attachment 2 – “Attachment 1 – Resolution (Amended)”